[106th Congress Public Law 47]
[From the U.S. Government Printing Office]


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[DOCID: f:publ047.106]


[[Page 113 STAT. 228]]

Public Law 106-47
106th Congress

                                 An Act


 
   To amend the Agricultural Adjustment Act of 1938 <<NOTE: Aug. 13, 
   1999 -  [S. 1543]>>  to release and protect the release of tobacco 
                  production and marketing information.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TOBACCO PRODUCTION AND MARKETING INFORMATION.

    Part I of subtitle B of title III of the Agricultural Adjustment Act 
of 1938 (7 U.S.C. 1311 et seq.) is amended by adding at the end the 
following:

``SEC. 320D. <<NOTE: 7 USC 1314j.>>  TOBACCO PRODUCTION AND MARKETING 
            INFORMATION.

    ``(a) In General.--Notwithstanding any other provision of law, the 
Secretary may, subject to subsection (b), release marketing information 
submitted by persons relating to the production and marketing of tobacco 
to State trusts or similar organizations engaged in the distribution of 
national trust funds to tobacco producers and other persons with 
interests associated with the production of tobacco, as determined by 
the Secretary.
    ``(b) Limitations.--
            ``(1) In general.--Information may be released under 
        subsection (a) only to the extent that--
                    ``(A) the release is in the interest of tobacco 
                producers, as determined by the Secretary; and
                    ``(B) the information is released to a State trust 
                or other organization that is created to, or charged 
                with, distributing funds to tobacco producers or other 
                parties with an interest in tobacco production or 
                tobacco farms under a national or State trust or 
                settlement.
            ``(2) Exemption from release.--The Secretary shall, to the 
        maximum extent practicable, in advance of making a release of 
        information under subsection (a), allow, by announcement, a 
        period of at least 15 days for persons whose consent would 
        otherwise be required by law to effectuate the release, to elect 
        to be exempt from the release.

    ``(c) Assistance.--
            ``(1) In general.--In making a release under subsection (a), 
        the Secretary may provide such other assistance with respect to 
        information released under subsection (a) as will facilitate the 
        interest of producers in receiving the funds that are the 
        subject of a trust described in subsection (a).
            ``(2) Funds.--The Secretary shall use amounts made available 
        for salaries and expenses of the Department to carry out 
        paragraph (1).

    ``(d) Records.--

[[Page 113 STAT. 229]]

            ``(1) In general.--A person that obtains information 
        described in subsection (a) shall maintain records that are 
        consistent with the purposes of the release and shall not use 
        the records for any purpose not authorized under this section.
            ``(2) Penalty.--A person that knowingly violates this 
        subsection shall be fined not more than $10,000, imprisoned not 
        more than 1 year, or both.

    ``(e) Application.--This section shall not apply to--
            ``(1) records submitted by cigarette manufacturers with 
        respect to the production of cigarettes;
            ``(2) records that were submitted as expected purchase 
        intentions in connection with the establishment of national 
        tobacco quotas; or
            ``(3) records that aggregate the purchases of particular 
        buyers.''.

    Approved August 13, 1999.

LEGISLATIVE HISTORY--S. 1543:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 145 (1999):
            Aug. 5, considered and passed Senate and House.

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